P.Ayisha vs G.Subramanian
2021 Latest Caselaw 16657 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
              THE HONOURABLE MR. JUSTICE P.SOMARAJAN
    WEDNESDAY, THE 11TH DAY OF AUGUST 2021 / 20TH SRAVANA, 1943
                   CRL.REV.PET NO. 435 OF 2021
AGAINST THE ORDER/JUDGMENT IN CRA 97/2006 OF I ADDITIONAL DISTRICT
   COURT & ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL ,PALAKKAD,
                              PALAKKAD
REVISION PETITIONER/APPELLANT/ACCUSED:

          P.AYISHA, AGED 65 YEARS,
          W/O.K.P.MUHAMMEDKUTTY, KIZHAKKEPALLATH VEEDU,
          MAPPATTUKARA, KULUKKALLUR POST, OTTAPALAM TALUK,
          PALAKKAD DISTRICT 679 337.

          BY ADV R.SREEHARI



RESPONDENT/RESPONDENT/COMPLAINANT & STATE:

    1     G.SUBRAMANIAN, AGED 60 YEARS,
          S/O.GOPALAKRISHNAN, MANGATTUMATTATHIL, CHERPULASSERY
          AMSOM, DESOM, VILLAGE AND POST, OTTAPALAM TALUK,
          PALAKKAD DISTRICT 679 503.

    2     STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA, ERNAKULAM, COCHIN 682 031.

          BY ADV K.RAJESH SUKUMARAN




     THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION
ON 11.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 CRL.REV.PET NO. 435 OF 2021               2




                                     ORDER

It is an application for compounding the

offence under Section 138 of the NI Act. The

application is submitted before this court

inter alia seeking exemption to pay 15% of the

cheque amount to the Legal Services Authority

based on the decision Damodar S. Prabhu v. Sayed

Babalal (2010 (2) KLT 587 (SC)]. Having regard to

the age of complainant who is aged 60 and the

accused aged 65, the amount payable to the legal

services authority reduced to Rs.5000/- which

shall be paid or remitted on or before 26/9/2021.

2. On such payment, the offence under Section

138 of the NI Act would stand compounded and it

will have the effect of acquittal of the accused.

3. Failure to pay the said amount would result

in dismissal of both the Crl.M.As. 2/2021 and

3/2021 and also the criminal revision.

The Crl.revision is disposed of conditionally

as aforesaid.

Registry shall send a copy of this order to

the KELSA.

Sd/-

P.SOMARAJAN JUDGE msp